United States Eighth Circuit

Conviction and sentence for concealing or shielding from detection illegal alien is reversed and remanded where the jury instructions were erroneous as they did not require the jury to find that each individual the defendant shielded from detection was in the U.S. illegally and that defendant knew or was in reckless disregard of the fact but instead permitted the jury to mix and match the individuals identified to the essential elements of the crime charged.

Appellate Information

• Decided 04/16/2009
• Published 04/16/2009

Judges

• MURPHY, Circuit Judge., Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• J. Keith Rigg, argued, Des Moines, IA, for appellant.


• For Appellees:
  
• Andrew H. Kahl, AUSA, argued, Des Moines, IA, Debra L. Scorpiniti, AUSA, on the brief, Des Moines, IA, for appellee.